Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 76667 

section of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG- 2022–0222 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If your material 

cannot be submitted using https://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this test 

deviation as being available in the 

docket, find the docket as described in 

the previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you go to 

the online docket and sign up for email 

alerts, you will be notified when 

comments, future actions or updates are 

posted to the docket. 

We review all comments received, but 

we will only post comments that 

address the topic of the test deviation. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

Dated: October 30, 2023. 

Douglas M. Schofield, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. 2023–24528 Filed 11–6–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0862] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Virginia 

Beach, Virginia 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 550-yard 

radius of the M/V HOS MYSTIQUE and 

accompanying machinery while the 

vessel is conducting a subsea survey for 

potential unexploded ordinance (pUXO) 

in the Atlantic Ocean within three 

nautical miles of the shores of the State 

Military Reservation, Virginia Beach. 

The safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the subsea survey operations. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Virgina or designated 

representative. 

DATES: This rule is effective without 

actual notice from November 7, 2023 

through December 31, 2023. For the 

purposes of enforcement, actual notice 

will be used from November 1, 2023, 

until November 7, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0862 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email LCDR Ashley Holm, Chief 

Waterways Management Division U.S. 

Coast Guard; 757–617–7986, 

Ashley.E.Holm@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

pUXO Potential Unexploded Ordinance 

ROV Remotely Operated Vehicle 

§ Section 

TFR Temporary Final Rule 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

because Coast Guard Sector Virginia 

was notified on October 25, 2023 that 

the M/V HOS MYSTIQUE will conduct 

survey operations using an ROV to 

identify pUXOs beginning November 1, 

2023 and a safety zone is necessary to 

protect the public from the safety 

hazards associated with any 

disturbances of pUXOs, as well as, the 

obstruction to navigation during the use 

of a tethered ROV. It is impracticable to 

publish an NPRM because we must 

establish this safety zone by November 

1, 2023, to protect the public. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the survey operations 

utilizing ROVs in shallow water to 

identify pUXO. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Virginia 

(COTP) has determined that potential 

hazards associated with the survey 

operations starting November 1, 2023, 

and continuing until late December, will 

be a safety concern for any persons or 

property within a 550-yard radius of the 

survey vessel. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone from 

potential hazards that arise from 

disturbing pUXOs and the use of 

tethered ROVs to identify them. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

November 1, 2023, through December 

31, 2023. The safety zone encompasses 

all waters inside a radius of 550 yards 

from the actual position of the M/V HOS 

MYSTIQUE. During survey operations, a 


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76668 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 

tethered ROV will be used and 

contained within the safety zone. Two 

Rigid Hull Inflatable Boats (RHIBs) will 

operate as safety vessels during 

operations, one to the north and one to 

the south of each target while the ROV 

is deployed. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters during survey 

operations. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and operations requirements of the 

survey requiring the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone during the 

survey. The date range for this survey 

was selected to minimize vessel traffic 

impacts. Moreover, the Coast Guard 

would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule would 

allow vessels to seek permission to enter 

the zone while survey operations are not 

actively conducting operations with the 

potential for hazards. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal Government, in 

the aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that prohibits entry within 550 

yards of the M/V M/V HOS MYSTIQUE 

only during the active survey operations 

which will take place in November and 

December of 2023. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping, 

Security measures, and waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 


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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 76669 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T05–0862 to read as 

follows: 

§ 165.T05–0862 Safety Zone; Atlantic 

Ocean, Virginia Beach, VA. 

(a) Location. The following area is a 

safety zone: All waters of the Atlantic 

Ocean, from surface to bottom, 

described by a radius of 550 yards from 

the actual position of the M/V HOS 

MYSTIQUE while survey operations are 

being conducted. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port Sector Virginia 

(COTP) in the enforcement of the safety 

zones. The term also includes the M/V 

HOS MYSTIQUE for the sole purpose of 

designating and establishing safe transit 

corridors, to permit passage into or 

through these safety zones, or to notify 

vessels and individuals that they have 

entered a safety zone and are required 

to depart immediately. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, vessels may not enter the 

safety zone described in paragraph (a) of 

this section unless authorized by the 

COTP or the COTP’s designated 

representative. 

(2) To seek permission to enter, 

vessels should contact the M/V HOS 

MYSTIQUE by VHF–FM Channel 16. 

Those in the safety zone must comply 

with all directions given to them by the 

COTP or the COTP’s designated 

representative. 

(d) Enforcement period. This zone 

will be in effect and enforced during 

such times as are announced via 

Broadcast Notice to Mariners between 

November 1, 2023, through December 

31, 2023. 

Dated: November 1, 2023. 

J.A. Stockwell, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Virginia. 

[FR Doc. 2023–24555 Filed 11–6–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0795] 

RIN 1625–AA00 

Safety Zone; Potomac River, Between 

Charles County, MD and King George 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Potomac River. 

This action is necessary to provide for 

the safety of life on these navigable 

waters at the old Governor Harry W. 

Nice/Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge, during 

demolition operations from November 

8, 2023 through January 30, 2024. This 

regulation prohibits persons and vessels 

from being in the safety zone unless 

authorized by the Captain of the Port, 

Sector Maryland-National Capital 

Region or a designated representative. 

DATES: This rule is effective from 

November 8, 2023, through January 30, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0795 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email LCDR Kate Newkirk, Sector 

Maryland-NCR, Waterways Management 

Division, U.S. Coast Guard: telephone 

410–576–2519, email 

MDNCRWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

Skanska-Corman-McLean, Joint 

Venture notified the Coast Guard that it 

will be conducting demolition of the old 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge, which will occur from 

12:01 a.m. on November 8, 2023, to 

11:59 p.m. on January 30, 2024. The 

bridge is located on the Potomac River, 

at mile 43.3, between Charles County, 

MD and King George County, VA. The 

segment of the old bridge over waters 

that include the bridge piers sections 

between Piers 14 and the east riverbank 

of the Potomac River requires the use of 

explosives, and debris removal and 

hydrographic surveying equipment. 

Marine equipment, including barges, 

positioned in the Potomac River will be 

used to support the bridge demolition 

and debris removal operation. This 

operation also requires the use of a 

temporary commercial mooring buoy in 

the Potomac River south of the old 

bridge where the explosives barge will 

be kept. Hazards from the demolition 

and debris removal work include 

accidental discharge of explosives, 

dangerous projectiles, hanging ropes or 

cables, and falling objects or debris. In 

response, on October 12, 2023, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Potomac River, Between Charles 

County, MD and King George County, 

VA (USCG–2023–0795). During the 

comment period that ended October 27, 

2023, we received no comments. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with demolition of the old 

Governor Harry W. Nice/Senator 

Thomas ‘‘Mac’’ Middleton Memorial 

(US–301) Bridge. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector MarylandNational Capital Region (COTP) has 

determined that potential hazards 

associated with the demolition and 

removal of the old Governor Harry W. 

Nice/Senator Thomas ‘‘Mac’’ Middleton 

Memorial (US–301) Bridge would be a 

safety concern for anyone within or near 

project area. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

October 12, 2023. There are no changes 

in the regulatory text of this rule from 

the proposed rule in the NPRM. 

This rule establishes a safety zone 

from 12:01 a.m. on November 8, 2023, 

to 11:59 p.m. on January 30, 2024. The 

safety zone would cover the following 

areas: 


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